Former RCMP spokesperson Tim Shields. (File photo)

Former RCMP spokesperson Tim Shields. (File photo)

UPDATED: Ex-Mountie Tim Shields’ defence alleges flirtatious relationship led to sex in bathroom

Defence calls complainant “a fraud, a liar, a perjurer”

The defence for ex-Mountie Tim Shields asserted during closing arguments in court Tuesday that Shields’ sexual encounter with a complainant was consensual and not an abuse of trust and authority.

The trial, which has gone on for intermittent weeks at provincial court in Vancouver since June 7, involves an alleged sexual assault in the former RCMP headquarters in Vancouver in the fall of 2009.

Shields was originally suspended without pay by the RCMP in May 2015 and charged with one count of sexual assault in May 2016.

At the time, Shields was the RCMP E Division spokesperson, and the complainant, whose identity is protected by a publication ban, was a senior communications strategist.

Both Crown and defence lawyer David Butcher agree that the sexual encounter occurred in an unisex bathroom on the main floor of the building on Heather Street in Vancouver.

They do differ on the date; the complainant alleged the assault happened in the fall of 2009, while Shields specifies April 29, 2009, as the date of the consensual sexual encounter.

“The interaction involved kissing, touching of [the complainant’s] breasts and rubbing of Mr. Shields’ exposed penis,” said Butcher.

Where they differed was in their clients’ recollection of the incident.

In both Butcher’s closing arguments and Shields’ earlier testimony, the defence painted the sexual encounter as initiated by the complainant.

Citing Shields’ testimony, Butcher told the court that the complainant had walked into Shields’ office, placed her hands on his chest and pushed him into a corner.

A long hug, “more sensual” than the ones the two usually shared, followed.

“It involved her hands rubbing up and down on his back,” said Butcher, noting that his client reciprocated. “Her breathing was audible and she had started soft, very quiet moaning noises through her nose.

“She said ‘you feel so good.’”

After a conversation that turned sexual, the complainant then asked Shields to walk her to her car, Butcher told the court.

He alleged the duo walked down the main stairs and, as they did, the complainant told Shields, “I never got my hug.”

Reading from court transcripts, Butcher laid out the alleged conversation that led to the sexual encounter in a unisex bathroom.

“I know. I never got my hug either,” Shields allegedly told the complainant. “I know where we can be alone without any interruptions.”

According to Butcher, the complainant proved eager and Shields led her to the unisex bathroom – the place where the sexual encounter occurred and where the defence and Crown version of events differed.

Shields described the encounter as consensual; so consensual that he did not feel any need to ask the complainant if everything was okay.

In earlier testimony, the complainant had told the court she had felt “scared, panicky, kind of surreal… it was weird and scary.”

Butcher told the judge that the complainant’s version of events “made no sense.”

“There is no place or time where is a sexual assault is less likely to occur than on the main floor of a police station,” he said.

Abuse of power

Butcher argued that not only was the encounter consensual, but that Shields held no position of “traditional direct authority” over the complainant.

Both Crown and defence have stated that the complainant worked on the headquarters-relocation project, which involved moving RCMP headquarters from Heather Street to Green Timbers in Surrey. However, they differ on just how involved the complainant was in the department that Shields headed: the strategic communications division.

Butcher repeatedly referred to the RCMP’s organizational chart, which showed an indirect reporting relationship between the two.

Crown counsel Michelle Booker has stated that the chart, as well as a performance review for the complainant filled out by Shields, establishes a direct reporting relationship.

Butcher denied that, pointing to Shields’ testimony that any reference to him as the complainant’s supervisor was in error.

When the judge told him that the definition of abusable position of authority was rather more broad than that, Butcher responded that if “an indirect, very loose, person-in-authority relationship… might be found to exist,” then that should only be a minor factor in considering the case.

Credibility of the complainant

Butcher refuted any allegations of assault, calling the complainant “a fraud, a liar, a perjurer” and characterizing her claim of sexual assault as an “after the fact confabulation,” arrived at with the help of lawyers, a psychiatrist and her husband.

The complainant, despite describing herself as financially self-sufficient, had filed for bankruptcy when she was 30, Butcher told the court.. Her husband, who she began seeing in 2o12, had a businesses in financial peril.

He reminded the judge of Crown’s inability to establish a concrete date for a sexual encounter, while pointing to Shields’ ability to recall one.

Butcher pointed to several of what he described as weaknesses in the complainant’s case; her delay in filing a police report, her past financial troubles, her friendly demeanour towards Shields post-bathroom incident and a civil claim that she filed prior to speaking with police.

He was careful to repeatedly point out that although each reason alone could be considered as contributing to the “myth and stereotype” of how sexual assault victims should or should not react, that altogether, they helped paint a picture of a complainant who was more interested in the success of her civil suit than in helping police investigate the criminal case.

The complainant filed that civil suit against Shields in July 2014, approximately five years after the bathroom incident.

That claim was settled out of court in December 2016; Butcher asked for the contents of the settlement to be shown in court but Crown objected, successfully, to the reveal.

Butcher drew on multiple friendly email exchanges between the Shields and the complainant.

In some, she called Shields “a gift,” in others, she complimented his leadership at the RCMP.

When the judge pointed out that those could just be the actions of a woman trying to keep her job by being complimentary towards a superior, Butcher told him that this was the sign of a “dishonest and manipulative” person, focused on “her own advancement.”

Reading from court transcripts, Butcher reminded the judge that during Shields’ own testimony, he had admitted to hearing a ‘no’ from the complainant.

“He admits that there was a point in the encounter when [the complainant] said no when he reached to unzip her pants,” said Butcher. “There is evidence that he made further attempt to touch that part of [the complainant’s] body.”

Butche called it a “candid” admission that was clearly “not self serving,” telling the judge that it should stand as a point in favour of Shields’ credibility of a witness.

Closing arguments are expected to wrap up this week.

Just Posted

Oak Bay police issued these surveillance images after a theft from the Cork & Barrel liquor store. The bottle of stolen whisky was valued at $4,636.99. (Courtesy Oak Bay Police Department)
Suspect swipes $5,000 bottle of whisky from Oak Bay liquor shop

Fiat towed after driver fails field sobriety test

Mieran Loira, who works at Moxie’s restaurant on Yates Street, was named a winner in the BC Restaurant and Foodservices Association’s #StandUpForService campaign. (Courtesy Town Hall Brands)
Victoria Moxies server can’t hide her smile, earns provincial kudos for pandemic work

Personality, charisma shine despite masks, coronavirus challenges

Victoria police found and returned this tricycle to a local graphics company after it was reported stolen in downtown Victoria last week. (Photo courtesy of VicPD)
UPDATE: Police find stolen tricycle, return it to Victoria company

The three-wheeler was taken from the 2100-block of Store Street on June 17

Swanwick Ranch in Metchosin, featuring an award-winning home on 67 acres of property overlooking the ocean, recently sold for a record-setting, yet undisclosed amount. (Sotheby’s International Realty Canada photo)
Sale of oceanfront property in Metchosin yields new record for Greater Victoria

Listed at $14.1 million, Swanwick Ranch sold to an undisclosed buyer

The Jordie Lunn Bike Park officially opened in Langford on June 22. (Kiernan Green/Black Press Media)
Tires hit the dirt for Jordie Lunn Bike Park opening in Langford

Legendary local rider remembers by family, friends

Nanaimo Fire Rescue crews on scene at a boat fire near the boat ramp at Long Lake on Sunday, June 20. (Greg Sakaki/News Bulletin)
Boat burns up on Nanaimo’s Long Lake, man and child unhurt

Jet skiers attempt to put out fire by circling around to spray water on burning boat

Children walk with their parents to Sherwood Park Elementary in North Vancouver for the first day back to school on Sept. 10, 2020. THE CANADIAN PRESS/Jonathan Hayward
Study reassures parents, teachers that COVID-19 infrequently shared at school

Federally funded study in Vancouver finds risk at school and in the community was identical

Conservative MP Kevin Waugh rises during Question Period in the House of Commons Tuesday April 13, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Single-game sports betting about to become legal in Canada

Senate passes bill to take sports gambling away from overseas agencies

Point Roberts is part of the mainland United States but not physically connected to it, to reach the community by land one must pass through Canada. THE CANADIAN PRESS/Darryl Dyck
Closed Canadian border leaves Point Roberts’ only grocery store on verge of closure

‘We’re Americans but we’re not attached to America. It’s easy to forget we’re here,’ says owner Ali Hayton

The Somass Sawmill sits idle in early May 2021. While the kilns have been in use occasionally, and the lot has been used to store woodchips this spring, the mill has been curtailed since July 27, 2017. (SUSAN QUINN/ Alberni Valley News)
Port Alberni to expropriate Somass Sawmill from Western Forest Products

Sawmill has been ‘indefinitely’ curtailed since 2017

Robin Sanford and her fiance Simon Park were married in an impromptu ceremony at Abbotsford Regional Hospital on June 16. (Submitted photo)
Mom dies day after witnessing daughter’s hospital wedding in Abbotsford

Nurses help arrange impromptu ceremony in 3 hours for bride and groom

B.C. Finance Minister Selina Robinson with Premier John Horgan after the budget speech Tuesday, April 20, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. home owner grant won’t be altered, despite expert advice

Tax break for residences worth up to $1.6 million too popular

B.C. conservation officer Sgt. Todd Hunter said a black bear is believed to have killed local livestock. (THE NEWS/files)
Black bear believed to have killed miniature donkey in Maple Ridge

Trap set for predator that has been killing livestock

Penticton mayor John Vassilaki and Minister of Housing David Eby have been battling over the Victory Church shelter and BC Housing projects in the city. (File photos)
Penticton heads to court over homeless shelter as BC Housing audit begins

The city was not satisfied with the response from Minister David Eby regarding the ongoing situation

Most Read